Organised Crime Act 2015
Table of Contents
Long Title
Part 1 PRELIMINARY
1 Short title
2 General interpretation
3 Meaning of "item subject to legal privilege"
4 Purpose of Act
Part 2 ORGANISED CRIME OFFENCES
5 Locally-linked organised criminal group membership
6 Recruiting members for organised criminal group
7 Instructing commission of offence for organised criminal group
8 Procuring expenditure or application of property to support, aid or promote certain offences related to organised criminal group
9 Expending or applying property to support, aid or promote certain offences related to organised criminal group
10 Allowing organised criminal group to use premises
11 Receiving, retaining, etc., property of organised criminal group
12 Facilitation of commission of offence by organised criminal group
13 Commission of offence for organised criminal group
Part 3 ORGANISED CRIME PREVENTION ORDERS
Division 1 — Preliminary
14 Interpretation of this Part and Parts 4 and 5
Division 2 — General
15 Organised crime prevention orders
16 Type of provision that may be made by organised crime prevention orders
Division 3 — Duration and nature of OCPO
17 Duration of OCPO
18 Persons against whom OCPO may be made
19 Electronic monitoring of individual subject to OCPO
20 Compliance with orders: authorised monitors
Part 4 FINANCIAL REPORTING ORDERS
21 Financial reporting order
22 Duration of FRO
23 Effect of financial reporting orders
Part 5 GENERAL PROVISIONS RELATING TO OCPO AND FRO
Division 1 — Enforcement
24 Powers of law enforcement officers to retain documents
25 Verification and disclosure of OCPO and FRO
Division 2 — Failure to comply with OCPO or FRO
26 Failure to comply with OCPO or FRO
Division 3 — General safeguards in relation to OCPO or FRO
27 Any individual must be 16 or older
28 Right of third parties to make representations
29 Notice requirements in relation to OCPO or FRO
30 Restrictions relating to other written law, etc.
31 Restrictions on use of information obtained
Division 4 — Variation and discharge of OCPO or FRO
32 Variation of OCPO or FRO
33 Discharge of OCPO or FRO
Division 5 — Appeals
34 Right of appeal from General Division of High Court or State Court
Division 6 — Supplementary
35 Acquittal or pardon does not impact on subsequent making of OCPO or FRO
36 Transfer of case to trial court to make OCPO or FRO upon conviction on appeal
37 Evidence obtained in investigations may be used in proceedings for OCPO or FRO
38 Disclosure of information in accordance with orders
Part 6 DISQUALIFICATION ORDERS
39 Disqualification to act as director on conviction of certain offences
Part 7 POWERS TO INVESTIGATE AND TO OBTAIN INFORMATION FROM COMPTROLLER OF INCOME TAX AND COMPTROLLER OF GOODS AND SERVICES TAX
40 Powers of law enforcement officers
41 Power to obtain information from Comptroller of Income Tax and Comptroller of Goods and Services Tax
Part 8 DISCLOSURE AND TIPPING-OFF
42 Non-disclosure of information and identity of informer
43 Disclosure of information by informer
44 Tipping-off
Part 9 CONFISCATION OF BENEFITS FROM ORGANISED CRIME ACTIVITIES
45 Purpose of Part
46 Interpretation of Part
47 Meaning of "gift caught by this Part"
48 Meaning and proof of "organised crime activity"
49 Application of Part
50 Nature of proceedings
51 No criminal proceedings required for confiscation order, etc.
52 Confiscation order must not impact on sentence
53 Acquittal, etc., does not impact on confiscation
54 Evidence obtained in investigations may be used in proceedings under this Part
55 Confiscation order not affected by CDSA confiscation order
Division 2 — Restraint orders and charging orders
56 Application for restraint or charging order
57 Restraint orders
58 Charging orders
59 Duration of orders
60 Extending duration of order
Division 3 — Confiscation orders
61 Application for confiscation order
62 Amount to be recovered under confiscation order
63 Confiscation order if subject has absconded or died
64 Settlement
Division 4 — General provisions for proceedings under Divisions 2 and 3
65 Effect of death on proceedings
66 Exclusion of subject’s property for undue hardship
67 Relief for third party
68 Compensation
69 Rules of Court
70 Application of CDSA provisions
71 Right of appeal
Division 5 — Information-gathering powers
72 Application of information-gathering powers in CDSA
Part 10 MISCELLANEOUS
73 Examination orders
74 Duty to give information of certain matters
75 Offences arrestable
76 Offences by bodies corporate, etc.
77 Consent of Public Prosecutor
78 Jurisdiction of courts
79 Composition of offences
80 Amendment of Schedule
81 Regulations
82 Orders and regulations to be presented to Parliament
Legislative History
Abbreviations
Comparative Table